RULING OF THE COURT
Being dissatisfied with the ruling by the High Court (Majanja, J.) on the mode of distribution of the estate of the deceased on 12th December, 2017, the applicants lodged a notice of appeal dated 22nd December, 2017 signifying their intention to appeal against the decision. Thereafter they filed the application dated 31st July, 2018 predicated upon rules 1 (2), 5(2)(b) and 42 of the Court of Appeal Rules in which they sought inter alia stay of execution of the ruling aforesaid pending the hearing and determination of the intended appeal.
The grounds in support of the application were that the High Court distributed the estate of the deceased to strangers and left a vast part of the same undistributed; that their appeal had high chances of success; that they would suffer irreparable loss and damage if execution is carried out; that no prejudice would be occasioned to the respondents which could not be remedied by costs; and that the application was made in good faith.…